PREA

Zero Tolerance Policy

FCJDC Prison Rape Elimination Act (PREA) POLICY - The Fairfax County Juvenile Detention Center has a Zero Tolerance Policy for any form of sexual abuse, sexual misconduct or sexual harassment. It is the policy of the Fairfax County Juvenile Detention Center (FCJDC) to ensure that sexual activity between staff and juveniles, volunteers or contract personnel and juveniles, regardless of consensual status, is prohibited and subject to administrative disciplinary action and/or criminal prosecution.

Resident to resident sexual activity, sexual assault, rape, sexual conduct and sexual contact as defined in this policy and within the Code of Virginia are also prohibited. All residents are expected to have a clear understanding that the FCJDC strictly prohibits any type of sexual activity with another resident, staff member, volunteer or contract personnel which includes sexual abuse, sexual harassment and sexual misconduct. Any form of founded sexual activity is considered to be a serious breach of this policy and will not be tolerated. Engaging in a personal and/or sexual relationship may result in program related discipline and/or possible criminal prosecution.

To make sure that sexual misconduct is reported, the Fairfax County Juvenile Detention Center has several ways for parents and third parties to report. You may use the reporting method with which you are most comfortable.

Responding to Allegations of Sexual Abuse or Sexual Harassment

The Fairfax County Police Department (FCPD) has the legal authority and shall be the investigating authority for all allegations of sexual abuse or sexual harassment as defined by the Department of Justice (DOJ) referred for investigation by any of the residential programs operating under the FJDRDC, unless the allegation does not involve potentially criminal behavior.

Responsibilities of the parties for investigating and conducting criminal investigations related to Sexual Abuse and Sexual Harassment:

The FJDRDC programs shall identify qualified persons to respond to and conduct initial investigations into all allegations of sexual harassment or sexual abuse to determine if the issue is to be handled administratively, or referred to FCPD Major Crimes Division as a criminal matter.

FCPD Major Crimes Division (MCD) will be responsible for conducting criminal investigations into any allegations of a sexual assault that occurs at, or is reported from, any of the five residential programs located in the confines of Fairfax County.

The Juvenile Detention Center

The Boys Probation House

The Shelter Care Program

The Foundation Program

Upon the request of the FCPD, the FJDRDC will provide MCD detectives unrestricted access to any physical area under their control at any of the five residential programs in order to conduct their criminal investigation.

A resident of any of the five residential programs can obtain access to outside victim advocates for emotional support services related to sexual abuse by calling the Fairfax Office for Women & Domestic and Sexual Violence Services at 703-324-5730; 703-360-7273 (24-hour hotline) or 711 (TTY)

Upon conclusion of the criminal investigation, the FCPD will provide a copy of the case file to the FJDRDC for its administrative investigation. Law enforcement records concerning juveniles are confidential pursuant to Va. Code Ann. 16.1-301, and are not to be open to inspection or disclosed except as provided in Va. Code Ann. 16.1-301.

Notification Procedures:

The FJDRDC shall immediately notify the Department of Public Safety Communications (DPSC) when an allegation of a sexual assault has been reported at any of the residential programs and a referral determination has been made.

Upon being notified of an incident by the FJDRDC, DPSC will dispatch patrol officers to identify the scene, identify witnesses, preserve evidence to be collected, and contact the FCPD MCD on-call supervisor. During normal business hours, the FJDRDC may directly notify the FCPD MCD on-call supervisor via the Police Liaison Commander.

The PREA Compliance Manager will be responsible for notifying the Fairfax Office for Women and Domestic and Sexual Violence Services at 703-324-5730; 703-360-7273 (24-hour hotline) or 711 (TTY) to have a victim advocate accompany the victim during the investigative process.